Parents were punished for defecating in the baby pool. Lawyers and businesses with 200 yuan were not punished.

Parents take their baby to the infant swimming pool, and accidentally the baby stinks in the swimming pool. According to its relevant regulations, the store imposed a fine on parents in 200 yuan. Ms. Wu, a citizen of Zhengzhou, was in trouble a few days ago. She questioned that the store did not explicitly stipulate that babies should be fined for defecating in the pool. However, the store said that the baby needs to change water and replace the filter after defecation, which also affects the swimming of other babies and increases their costs and losses. After Dahe Daily intervened and coordinated, the store has agreed to refund Ms. Wu's fine.

Details are as follows:

It is difficult to control the baby's swimming and defecation. In this case, different swimming pools have different treatment methods. The reporter visited a number of swimming pools in Zhengzhou, some of which were punished by means other than fines, while others did not ask parents for compensation. According to industry experts' analysis, according to relevant laws and regulations, operators have no right to punish, and operators cannot restrict consumers' rights and interests by means of format clauses, notices and statements in order to reduce their responsibilities.

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The baby pooped in the swimming pool, and the parents were punished in 200 yuan.

"What is the basis of the infant swimming pool? I gave my child a swim and was fined 200 yuan. " At noon on March 6, Ms. Wu was full of doubts. At noon that day, grandma took her 14-month-old child to swim in Ying Ge Swimming Pool in Zone C of Jinyicheng, Mianfang West Road. During swimming, the child suddenly took a shit in the pool, and as a result, the store asked the grandmother for a fine from 500 yuan. Later, it was said that 200 yuan was punished.

Ms. Wu said that before considering that this swimming pool was well-known, she gave her children a swimming card and spent more than 2,000 yuan before and after. This is the first time I have experienced such a thing. When handling the card, the swimming pool did not clearly stipulate that this situation should be fined. She didn't see the relevant notice documents of the swimming pool, and the staff in the store didn't verbally remind her.

"The reason for the store to deduct fees is to affect their normal business." Ms. Wu said that the baby is only over one year old, and it is far from normal control of defecation. Moreover, their specialty is baby swimming, which should be controlled by the store and bear the consequences, rather than passing the risk on to consumers without warning.

To this end, the reporter contacted this swimming pool. A staff member of the museum said that they had reminded parents that they would ask if they had brought swimming trunks to their children before entering the water. If parents don't bring them, they will ask if they want disposable waterproof diapers.

It happened at noon when there were other babies in the pool. "We can only refund these people's tickets, but also change the water and filter elements, which can't be opened for almost an afternoon." She said that in fact, they have encountered similar situations before. After they explained the expenses to their parents, their parents generally expressed their understanding and gave them some compensation.

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The part of the swimming pool that is not handled in the swimming pool will not be investigated.

In response to this matter, some consumers understand the decision of the store. A citizen said that the infant swimming pool where she often goes also has regulations that 200 yuan should be fined for stinking. If parents are not sure whether the baby can shit, then don't let the child swim in the big pool. After all, there are other children in the pool, and other babies can't swim when the pool is dirty. Moreover, the store must change the water, and there is usually a lot of water in the big swimming pool.

The reporter investigated a number of infant swimming pools and learned that the treatment methods of various swimming pools are not uniform in view of the problem that babies stink in swimming pools. Yesterday morning, the reporter went to a baby swimming pool near Nanguan Street on Longhai Road. There are two kinds of swimming pools in the museum, large and small. Many children swim in the big swimming pool and basically wear swimming trunks. The staff of the store said that only one child could swim in the small pool. If there are too many, they won't swim. Most children will choose to swim in the big pool. It often happens that children urinate unintentionally in the pool. However, considering that this situation is common and the baby is too young, they generally decide that the customer does not have to bear the relevant expenses.

The staff of a baby swimming pool in Shangcheng Road, Future Road said that this often happens in their stores. The baby stinks and pollutes the swimming pool. They need to clean the swimming pool and replace the water and filter elements, which increases the operating cost. Therefore, their general handling method is to subtract three times from the number of uses specified by members as compensation for the store.

The staff of a baby swimming pool on Zijingshan Road said that this situation is very common. It may happen three or four times a week in the store, and even some members have this situation continuously. They generally don't ask their parents for compensation. When the reporter mentioned that a baby was punished in 200 yuan for stinking, she said that the cost of changing water in the swimming pool was only about 30 yuan, and they could take it out when cleaning up the dirt. Even if you want compensation from customers, it won't cost you hundreds of dollars.

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According to the law, the store has no right to punish, and the unilateral decision of the store has no effect.

How to deal with similar problems? Many parents said in an interview that they can accept the fine, but the store needs to explain to them how much the loss is and what standards are based on. If something goes wrong, we should not simply use an internal regulation to impose a fine, but should implement it according to an industry standard.

Some parents also said that babies who are too young cannot be stipulated at all. This predictable factor should be fully considered by shopping malls. Either the store informs the parents in advance that there is a problem and they need compensation; Or remind parents to put waterproof diapers on their children to completely eliminate hidden dangers.

Li, a lawyer of Henan Law Firm, said that according to the provisions of the Consumer Protection Law and the Administrative Punishment Law, administrative organs can exercise the power of administrative punishment, and enterprises and units can implement rules and regulations for their internal employees, but businesses have no right to punish consumers. According to the Law on the Protection of Consumers' Rights and Interests, business operators are not allowed to restrict consumers' rights and interests by means of standard clauses, notices and statements, so as to reduce their responsibilities. Unilateral punishment and decision are invalid, but considering the particularity of the problem and the impact on other consumers, both parties can negotiate to compensate for the losses caused. Disputes arising in the process of normal consumption can be handled through consultation by consumers' associations. If negotiation fails and legal procedures are taken, the court will generally make corresponding judgments in the form of discretion.

In view of this situation, some insiders said that the "Measures for the Administration of Bathing Industry" issued by the Ministry of Commerce has provisions on the qualifications of employees, sanitation and disinfection equipment, express service items and charging standards of bathing enterprises, but it has not clearly put forward the standards that infants should refer to in swimming and bathing, and there is no relevant supervision system. The lack of industry standards and the blank of supervision system make many swimming pools have health and safety hazards, which is what consumers should pay most attention to.